Puerto Rico

Puerto Rico      

PuertoRico

 

 

1a)  If a decedent is survived by a spouse and issue

According to 2010 PR ST T. 31 § 2411, If there is one surviving descendant , then the surviving spouse is entitled to one-third of the intestate estate in usufruct. The descendant inherits the remaining two-thirds of the estate outright and full title to the other one-third of the estate on the death of the surviving spouse.

1b) If a decedent is survived by a spouse and no issue

According to 2010 PR ST T. 31 § 2651,If there are no surviving descendants, but there are surviving ascendants , then the surviving spouse gets one-third of the intestate estate in usufruct and the ascendants inherit the remaining two-thirds of the estate outright and full title to the other one-third of the estate on the death of the surviving spouse .

If there are no surviving descendants or ascendants, but there are surviving brothers, sisters, nieces or nephews, then the surviving spouse gets one-half of the intestate estate in usufruct and the siblings or nieces or nephews inherit the remaining one-half of the estate outright and full title to the other one-half of the estate on the death of the surviving spouse.

If there are no surviving descendants, ascendants, brothers, sisters, nieces or nephews, then the surviving spouse takes the entire intestate estate outright

1C. If a decedent is survived by no spouse and no issue.

According to 2010 PR ST T. 31 § 2641, As stated in 1b, surviving spouse is last on the list of intestacy,If there are no surviving spouse then the inheritance goes according to the following order.

  1. To the decedent’s ancestors

    To the decedent’s brothers and sisters, and children of deceased brothers and sisters.

  2. To the decedent’s uncles, aunts, cousins

The intestacy law of Puerto Rico is quiet different from New York state where the survived spouse has no rights to the is not the first person with the right to inheritance.  In fact children, parents, grandparents, brothers, sisters, nieces or nephews all came before the spouse on the right of inheritance.

2) According to 2010 31 L.P.R.A. § 2112a testator must be at least 14 years old of either sex have testamentary capacity.  The testator must also have sound mind. Which is different from the age of 18 in New York.

3) According to 2010 31 PR ST T. 31 § 2150, 2 witness is require ot execute the will, which is same as new york.

4)  San Juan is the largest city in Puerto Rico with a population of 418,140. Integrated Legal Soultions is a law firm in the area that practice probate/estate planning http://www.ilspr.com/

5) OM Appraisal Partners practice Real estate appraise in the city of San Juan. http://www.omappraisal.com/

6) The United States district court for the district of Puerto Rico probates wills in San Juan city. The court is located at 150 Carlos Chardón Street San Juan, Puerto Rico 00918-1767 http://www.prd.uscourts.gov/?q=welcome

7) There are no School in the city of San Juan that offer paralegal studies course, however University of Puerto Rico Rio Piedras offer 2 different law course and in state residents pay $12851 per year . I was unable to locate the course outline due to the fact that the school website is completely in Spanish but this is the school website. http://www.uprrp.edu/

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